The Constitutionality of Including the Phrase "Under God" in the Pledge of Allegiance

Publication Date: June 2004

Publisher: Library of Congress. Congressional Research Service

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Research Area: Law and ethics

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Abstract:

On June 26, 2002, a three-judge panel of the Ninth Circuit had held both the 1954 federal statute adding the words "under God" to the Pledge of Allegiance and a California school district policy requiring teachers to lead willing school children in reciting the Pledge each school day to violate the Establishment Clause of the First Amendment. The modification issued on February 28, 2003, eliminated the holding regarding the federal statute but retained the ruling holding that the California statute coerces children into participating in a religious exercise. The court also denied requests for a rehearing and a rehearing en banc of the original decision.

The Ninth Circuit stayed the implementation of its revised ruling pending Supreme Court review. On October 14, 2003, the Supreme Court granted certiorari in the appeal regarding the California statute, and on June 14, 2004, the Court reversed the Ninth Circuit's decision finding that Newdow lacked standing to challenge the school district's policy in federal court. This report summarizes the facts of the case, the opinions that have been rendered, congressional action, and the appeal to the Supreme Court. It will be updated as circumstances warrant.